On the night of Oct. 23, while sitting in a van with his friend, Stan Duda, Fuccello told him that "he was upset and lonely," Duda said, "and that he wanted to talk to me."

But what Duda didn't know that night, according to police, was that Fuccello was convinced that the Central Intelligence Agency was plotting to kill him, and that he suspected Duda was a party to the scheme.

"He said that Mr. Duda was part of a conspiracy that was out to get him," said Bedminster Detective Mark Ofner. "He said somebody had attempted to poison him in the past."

Fuccello is alleged to have fired five shots at point-blank range at Duda that night in the victim's van. Two shots struck Duda in the head, one shot pierced the victim's hand, and one shot struck Duda's arm. A fifth shot missed.

Fuccello, 42, was held for trial yesterday in the attempted murder of Duda, the owner of Stan's Shop, a service station and deli at Route 313 and 5th Street in East Rockhill Township.

The resident of Sweetbriar Road in Bedminster Township was returned to Bucks County Prison in lieu of $500,000 bail following the hearing before District Justice James M. Kelly of Warminster.

Bucks County Deputy District Attorney Diane E. Gibbons said she expects Fuccello to offer an insanity defense in the trial.

Duda, 38, has recovered from the wounds but is forced to wear an eye patch. Duda, who testified that the shooting occurred in front of Fuccello's home, said that Fuccello had called him earlier in the evening and asked him to come over.

After driving for about a mile, and passing the home of Fuccello's former girlfriend, Patti Jamann, at Sweetbriar and Elephant roads, Duda said Fuccello told him he was feeling sick and asked him to turn back.

Duda testified that he drove the van to the entrance of Fuccello's driveway, then stopped to talk with Fuccello. Seconds later, Duda said, Fuccello drew a handgun and fired.

"Was there anything about the conversation which would indicate to you that you'd be shot?" asked William L. Goldman Jr., Fuccello's attorney.

"I don't know," responded Duda.

"Did you see John shoot you?"

"I just felt it."

"Did you see the gun?"

"I saw the flashes from the gun," said Duda.

Police said Fuccello left the van and Duda managed to drive to his apartment over the deli, and was then taken to Grand View Hospital in Sellersville by his wife. Later that night he identified his assailant to police.

Ofner testified that after speaking with Duda at Grand View, police first went to Jamann's home. While outside the home, he said, the officers at the scene were approached by Fuccello, who told them he had been hiding by a cedar tree near the home.

Fuccello then led police back to the tree, where he had left a handgun, rifle and shotgun. Ofner said Fuccello also was carrying 30 rounds of ammunition and a box of shotgun shells.

Ofner said he interviewed the suspect later that night at the Bedminster police station, and it was then that he learned of Fuccello's fears.

"I offered to get him a cup of coffee," Ofner said. "When I went to get it for him, he said he wanted something in a solid container, like a diet soda. He said that way, nothing could be added to it."

"Did he feel the CIA was out to get him?" asked Goldman. "Yes," answered the detective.

"Was it John's belief that Stan Duda was part of this conspiracy?" "Yes," Ofner said.